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Substantial Guidance Without Substantive Guides: Resolving the Requirements of Moore v. Texas and Hall v. Florida

Apr. 20, 2017—Substantial Guidance Without Substantive Guides: Resolving the Requirements of Moore v. Texas and Hall v. Florida ABSTRACT When the Supreme Court banned the execution of the intellectually disabled in Atkins v. Virginia, it partially left the criteria for identifying members of that group to the states. Since then, the decisions in Hall v. Florida and...

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A Distinction Without a Difference: Convergence in Claim Construction Standards

Apr. 20, 2017—A Distinction Without a Difference: Convergence in Claim Construction Standards ABSTRACT The current patent regime applies different standards to interpret patents based on the forum interpreting the patent—the PTO applies the broadest reasonable interpretation standard to construe patent claims, while district courts apply the Phillips standard. The recent spike in inter partes review proceedings at...

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Reading Remedially: What Does King v. Burwell Teach Us About Modern Statutory Interpretation, and Can It Help Solve the Problems of CERCLA § 113(h)?

Apr. 20, 2017—Reading Remedially: What Does King v. Burwell Teach Us About Modern Statutory Interpretation, and Can It Help Solve the Problems of CERCLA § 113(h)? ABSTRACT How far should judges go in trying to effectuate the goals of a statute, especially in a world where Congress is increasingly partisan and unproductive? In King v. Burwell, the...

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Unambiguous Deterrence: Ambiguity Attitudes in the Juvenile Justice System and the Case for a Right to Counsel During Intake Proceedings

Mar. 21, 2017—Unambiguous Deterrence Ambiguity Attitudes in the Juvenile Justice System and the Case for a Right to Counsel During Intake Proceedings ABSTRACT This Note is the first to apply behavioral insights about ambiguity attitudes to deterrence models within the juvenile justice system. Drawing on insights from behavioral economics and psychology literature, this Note argues that juveniles...

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No VIP Treatment: ACOs Should Not Get Waiver Protection from the Prohibition on Beneficiary Inducement

Mar. 21, 2017—No VIP Treatment ACOs Should Not Get Waiver Protection from the Prohibition on Beneficiary Inducement ABSTRACT Accountable Care Organizations (“ACOs”) require flexibility from the existing healthcare fraud and abuse framework. This flexibility includes a waiver from the prohibition on beneficiary inducement, affording ACOs significant freedoms to employ inducements in ways that other healthcare delivery models...

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The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N

Jan. 27, 2017—The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N ABSTRACT This Note analyzes the effect certain Alternative Trading Systems known as “dark pools” have on the market, as well as how the current regulatory scheme falls short in protecting trade and execution quality. A number of regulatory loopholes have...

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The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute

Jan. 27, 2017—The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute ABSTRACT Appraisal arbitrageurs—hedge funds who purchase target stock after the announcement of a merger solely to pursue appraisal—test the bounds of aim of appraisal rights to protect dissenting shareholders from majority expropriation. The backlash against appraisal arbitrage has uncovered a...

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An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation

Jan. 27, 2017—An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation ABSTRACT Who determines the “rules of the road” for once inaccessible Arctic shipping routes? This Note examines the implications for navigation and protection of...

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The Customer Is Not Always Right: Balancing Worker and Customer Welfare in Antitrust Law

Oct. 17, 2016—The Customer Is Not Always Right Balancing Worker and Customer Welfare in Antitrust Law ABSTRACT A natural consequence of employer restraints of trade that decrease wages is lower prices. Under antitrust law, courts evaluate most such restraints of trade under the rule of reason. This Note argues that the rule of reason’s focus on consumer...

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I See Dead People: Examining the Admissibility of Living-Victim Photographs in Murder Trials

Oct. 17, 2016—I See Dead People Examining the Admissibility of Living-Victim Photographs in Murder Trials ABSTRACT This Note examines the problems with the rising yet underexplored trend in state evidence law of “Living-Victim Photo Statutes.” Photographs of a victim while alive would be—and often have been—excluded from evidence during a trial as lacking relevance or being unfairly...

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How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure

Apr. 19, 2016—How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure ABSTRACT For the past twenty years, the Supreme Court has charted a broader course for its state sovereign immunity doctrine, which immunizes states and their officers from suit. But while the Court has broadened the doctrine’s substantive elements, it has neglected how...

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Bruton on Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule of Evidence 403

Apr. 19, 2016—Bruton on Balance: Standardizing Redacted Codefendant Confessions Through the Federal Rule of Evidence 403 ABSTRACT In joint criminal trials, prosecutors are constitutionally barred from introducing the confession of a non-testifying defendant (a “declarant-defendant”) that inculpates other codefendants. In Bruton v. United States, the Supreme Court held that the wholesale introduction of the declarant-defendant’s confession would...

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Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act

Apr. 19, 2016—Finding “Tapia Error”: How Circuit Courts Have Misread Tapia v. United States and Shortchanged the Penological Goals of the Sentencing Reform Act AUTHOR J.D. Candidate, 2016, Vanderbilt University Law School; B.A., 2009, New York University. This Note is the beneficiary of incredible support from my peers on the Vanderbilt Law Review. In particular, I wish...

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The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees

Apr. 19, 2016—The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees AUTHOR J.D. Candidate, May 2016, Vanderbilt University Law School; B.A., 2011, New York University. I would like to thank Professor Alex Little for his help in sparking the idea that became my solution and his valuable...

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Human Trafficking in Multinational Supply Chains: A Corporate Director’s Fiduciary Duty to Monitor and Eliminate Human Trafficking Violations

Mar. 21, 2016—Human Trafficking in Multinational Supply Chains: A Corporate Director’s Fiduciary Duty to Monitor and Eliminate Human Trafficking ABSTRACT When Congress passed the Trafficking Victims Protection Reauthorization Act of 2008 (“2008 TVPRA”), it included language criminalizing and creating civil liability for any person who “knowingly benefits, financially or by receiving anything of value, from participation in...

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No Clean Hands in a Dirty Business: Firing Squads and the Euphemism of “Evolving Standards of Decency”

Mar. 21, 2016—No Clean Hands in a Dirty Business: Firing Squads and the Euphemism of “Evolving Standards of Decency” ABSTRACT When it comes to executions, “the enterprise is flawed.” While this statement from Judge Kozinski was chiefly concerned with the problems of lethal injection, it applies with equal force to America’s development of execution methods in general....

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